Patent requirements

China

China patent application requirements and general information

1.- China Patent Application Requirements

– Patent Filing service form.
– Patent specifications (abstract, description, claims and drawings) in Chinese and in Word format.
– Copy of any amendment made to the patent specifications if it applies.
– Copy of the priority document, PCT application number or ISR (International search report) if it applies.
– Payment upfront.
– Power of attorney signed. The template of this document will be sent once the service request is confirmed.

2.- General information of the Inventions patent process in China

-Priority: The time limit for the PCT national phase entry is 30 months from the earliest date of priority. The priority time limit for PCT or non-PCT applications can be extended two additional months paying an additional fee.

-Examination: The “2. Request for examination” must be filed within 3 years from the International Filing Date or the earliest priority date. The first examination report is issued between 12 and 18 months from the date of the examination request.
In China it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway). PPH participation can reduce examination time by more than half.

-Patent Grant: The “3. Patent Grant” fees should be paid within 2 months from the receipt of the Notice of Allowance along with the first annual fee. Once the patent certificate is issued it will be forward it to the client.

-Maintenance: All subsequent annual fees from the second annuity should be paid in advance before the anniversary of the international filing date.

-Patent term: 20 years from the date of filing of the application or the international filing date for National Phases.

For further information you can contact us or you can also visit the Intellectual Property Office from China trough the following link: